Posted On:
May 23, 2008
Opinion Summaries U.S. Second Circuit Court of Appeals
From: Findlaw Summaries May 20, 2008:
CIVIL PROCEDURE, IMMIGRATION LAW
"Petition for rehearing of a previous decision remanding a derivative citizenship claim to the BIA is denied where: 1) under 8 U.S.C. section 1252(b)(5), the court's authority of "decide" nationality claims did not preclude a remand for further consideration by the BIA; and 2) there was no reason not to obtain the BIA's view on the merits of the citizenship claim in the underlying case"
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